P. BHARGAVI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The travails of the wife of a freedom fighter and her untiring efforts to secure the benefits of the Kerala Freedom Fighters' pension due to her late husband is the issue involved in the instant writ petition.

(2.) On 26.05.1981, Sri. M.K. Thankappan, a freedom fighter, who had actively participated in the Punnapra Vayalar Movement during the freedom struggle, preferred an application before the 2nd respondent claiming that he was entitled to get the benefit of Kerala Freedom Fighters' pension. In the said application, it was asserted by Sri M.K. Thankappan that he had participated in the Punnapra Vayalar struggle in the year 1946 and he had gone underground for a period of eight months for the period from 7.3.1122 ME to 6.11.1122 ME in connection with case No. P.E.7/1122 ME. Along with the said application, he had produced a 'Personal Knowledge Certificate' (hereinafter referred to as 'PKC'), issued by P.K. Chandranandan MLA, a freedom fighter, who, in the aforesaid certificate, had stated that Sri. M.K. Thankappan is personally known to him for the last several years and asserted that he had also participated in the freedom fighter movement known as "Punnapra Vayalar struggle" in the year 1946. Sri M.K. Thankappan had applied before the Chief Judicial Magistrate Court, Alleppey, for a certified copy of the arrest warrant issued against him in connection with case No. P.E7./1122 of Special Court, Aleppey and as per the order dated 21.4.1981, M.K. Thankappan was informed that the records of the year 1122 ME have already been destroyed. On that basis, the application filed was rejected. M.K. Thankappan had produced before the authorities Ext. P3, which is the "Non -availability of Records Certificate' (hereinafter referred to as "NARC") issued from the Chief Judicial Magistrate Court, Aleppey, which reveals that, all the records of the year 1122 ME have already been destroyed.

(3.) Based on the intimation from the respondent that the "PKC" issued by P.K. Chandranandan MLA was not sufficient for the purpose of consideration of his application, the petitioner had submitted the "PKC" of one Sri. H.K. Chakrapani, who was the recipient of Central freedom fighters' pension under the Ministry of Home Affairs order No. 119/PVS/104/99 -FF(SZ) dated 18.6.2003. H.K. Chakrapani the recipient of the Central freedom fighters' pension, had stated in his "PKC" that Sri. M.K. Thankappan was a bona fide freedom fighter who had remained underground for a period of more than six months from 7.3.1122 ME to 6.11.1122 ME and he was a person against whom a warrant for arrest was announced by the Special Magistrate Court, Alleppey in case No. P.E.7/1122.